Breaking news

[FSUDolphin]

Supreme court turns down clarret...will not be in the draft

 

[Jimmy James]

Well, that should just about do it. Now we wait for the 2nd Circuit Court of Appeals...

 

[SmokeyPhinz]

What is it he'll do if he can't get into the NFL? I doubt OSU will have him back

 

[TerryTate]

IT's was appealed to the highest court in the land and rejected, unless they didnt reject and referred the case back down to the circuit court, it can no longer be appealed

 

[Jimmy James]

I hope the NCAA shows strength of character and doesn't allow any of them back. How can they ever disqualify a person for hiring an agent if they don't do it now?

I see the CFL in Clarett's future, and I see a compromise coming about for Williams to allow him in via supplemental draft. I still hope that the 2nd Circuit Court of Appeals or possibly the Supreme Court will take a long look at this rule and find it lacking. It looks like it won't happen, but do remember that they haven't made any ruling on the rule itself at this point. This has all been about a procedural matter relating to the stay the District Court refused.

 

[Jimmy James]

IT's was appealed to the highest court in the land and rejected, unless they didnt reject and referred the case back down to the circuit court, it can no longer be appealed

That applies only to the question of the stay. If the 2nd Circuit reverses the District Court's ruling (which has not yet happened), Clarett could still appeal that decision.

 

[rafael]

IT's was appealed to the highest court in the land and rejected, unless they didnt reject and referred the case back down to the circuit court, it can no longer be appealed

The case wasn't appealed, the stay was. The case continues in the lower court's, it just won't be resolved by this weekend.

 

[TerryTate]

oh ok...

and in all fairness they need to reinstate mike williams.... JMO

He didnt expect hte NFL to step up and challenge a previous case won by clarett that...at the time opened the doors....

 

[ZOD]

IT's was appealed to the highest court in the land and rejected, unless they didnt reject and referred the case back down to the circuit court, it can no longer be appealed

No.

They were asking the supreme court to intervene and force the NFL to allow Maurice into the draft. It still is on schedule for appeal.

Claurette shouldn't win though and the reasoning goes something like this.

A group of employees have negotiated a contract (see wagner act and the taft-hartley act).

http://home.earthlink.net/~local1613/nlra.html

http://www.infoplease.com/ce6/bus/A0847620.html

They negotiated a contract in good faith with their employer. In that contract are defined prerequisites for employment. The employer agreed to the contract. The contract is a promise that the law should enforce. It doesn't matter if it is structured under the premise of "job protection" for the veterans or "prerequisite for employment" or what-have-you.

The contract should be upheld in a court of law and that's why Gene Upshaw is involved.

 

[Jimmy James]

oh ok...

and in all fairness they need to reinstate mike williams.... JMO

He didnt expect hte NFL to step up and challenge a previous case won by clarett that...at the time opened the doors....

I think you're right about that, but I think that both the judicial system and the NCAA should/will tell him that his expectation was unreasonable. It's a harsh reality, but the NCAA just becomes more of a joke in my eyes if they decide he gets a second shot in this case.

 

[Dol-Fan Dupree]

Mike Williams could of not hired an agent. He knew the risks and if he didn't, he should of researched them

 

[Agua]

No.

They were asking the supreme court to intervene and force the NFL to allow Maurice into the draft. It still is on schedule for appeal.

Claurette shouldn't win though and the reasoning goes something like this.

A group of employees have negotiated a contract (see wagner act and the taft-hartley act).

http://home.earthlink.net/~local1613/nlra.html

http://www.infoplease.com/ce6/bus/A0847620.html

They negotiated a contract in good faith with their employer. In that contract are defined prerequisites for employment. The employer agreed to the contract. The contract is a promise that the law should enforce. It doesn't matter if it is structured under the premise of "job protection" for the veterans or "prerequisite for employment" or what-have-you.

The contract should be upheld in a court of law and that's why Gene Upshaw is involved.

Well, the issue will be whether the "3 year" restriction contravenes anti-trust laws. A CBA can contain unenforceable provisions just as any other contract.

 

[dean_siu]

Mike Williams has also not attended school this spring....he'll have big problems being academically eligible.

 

[PhinKev]

Well, the issue will be whether the "3 year" restriction contravenes anti-trust laws. A CBA can contain unenforceable provisions just as any other contract.

It is true that a CBA can have unenforceable provisions, but this is not one of them. We are not talking about a suspect class. There are many occupations with age based restrictions.

Regardless, the appellate court tipped its hand by staying the district court and it is unlikely that Clarett will win at the Circuit Court. Further, the chances of the Supreme Court hearing this case are very long.

Bottom line, if you are a betting man, the NFL is a good bet right now.

 

[KB21]

Clarett and Williams will likely have to go to the CFL and play for a year much like Tamarick Vanover did after leaving Florida State as a sophomore. They will then be eligible to go through the draft process next year.